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I was asked to vacate my apartment and did. Do i still have to pay them the remainder of my lease and what happens if i do not pay them?
Wiki User
∙ 12y ago
First, just because you receive an eviction notice doesn't mean that you have to leave... especially if you had a lease. The landlord sending you an eviction notice, or what's called a notice to quit is just the landlord telling you that they want you to leave and this is only the first of many steps. If you already left, then you left well before you should have.
The notice gives you a certain amount of time to leave, if you had stayed the landlord would then need to get a court date which would take about another 2-4 weeks after the time is up in the first notice you got.
Then you would have went to court and you could have argued your defense as to why you feel you should stay in the apartment, if it was because you stopped paying the rent for whatever reason, you could have been given a chance by the court to make payments to catch up on the back rent.
You should have stayed and went to court is what you should have done, by leaving the apartment without going to court you gave up all of your rights and at this point the landlord can now go to small claims court and tell them that you broke the lease even though it was your landlord who was trying to break the lease first by asking you to leave.
I would refuse to pay any amount to the landlord, and wait to see if you get a notice to go to the court. I would also save the notice you got asking you to leave and anything else you have from the landlord in writing, including your lease.
If they file in court you will need this to show that you were not the one that broke your lease, in fact they were the ones to ask you to leave, and you did, and now they are trying to sue you even though they were the ones that broke the lease.
So, DO NOT PAY THEM A PENNY at this point and wait to see if they file a case in court... if they do, you already have your defense by saying exactly what I just told you, and you can support this defense with the evidence such as your lease, the eviction notice they gave you, and anything else in writing that you have from your landlord.
I am in the process of building a new website to help landlords and tenants with landlord / tenant rights, state by state housing laws, tips, advice, tools, services, etc..
I'm still working on the site right now, but it should be up online soon and I will continue building it up until early 2011. The name of it is Landlord and Tenant Laws which can be found online soon at......
You can always feel free to email me with any questions you have about landlord and tenant laws through the website
Wiki User
∙ 12y ago
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